h1b- renewal or fresh, urgent query

[bullrider]

I was issued a H1b visa stamp way back in april 2006(h1b petition approved in 2005), while i was working with a top indian software exporter. but i left the company in may 2006 to pursue post graduation in india itself and never went to the usa.while i was resigning i also returned the petition in original to company and just retained photocopies.the h1b visa expired in march 2008

i have joined another prime software exporter in india after mba but in a mangerial capacity in june 2008.have some questions:

1. do i now come in the 55K quaota and have to undergo the lottery process if i want to go via h1b route through my new company?

2. what is the best and simplest way with my status to go to the usa on h1b?

3. is it still possible that i can renew and need not apply in fresh if my new company sponsors the petition again and bypass the lottery and cap?

[visa2travel]

Hi,

You can apply for H1 under cap excemption with already approved petition.

[knowledgeable]

may I please ask ...

... how is this really urgent?

[bullrider]

@visa2travel:

i did not understand this - "apply under cap exemption with approved petition"
my petition would also have been expired as it was issued in 2005. sorry for my ignorance but i assume the petition is valid for 3 years only....

if i were to go to us now on h1b, what are the steps i got to take with my new company????

@knowledgable

it is urgent as internal posting in new company is dependant on this. i have 2 options. work for a us or uk client and i have to decide.....
if its not easy on h1, i want to choose uk based client or my first preferance is us based client......... and i have to make a decision soon....

[txh1b]

Search for "remainder" on the forum. That will explain.

[bullrider]

was looking at the "remainder" thing... this is what i understand. please correct me if i am wrong:

1. as i have never been to us though after being issued a h1b which expired this year in april, i have a remainder period of 6 years and i am exempt from cap, though i spent 0 years in usa....

2. is it possible that my previous employer has cancelled my h1 petition (is it possible for an employer to do so) after i resigned???? and hence this cap exemption does not hold good. (or) this cap exemption holds good with remainder option once a h1b petition is issued irrespective of its subsequent cancellation?????

[txh1b]

There are some thoughts that if you have never used a H1b and it was not approved in the past 6 years, you cannot use the remainder option from some attorneys and have to get a new quota subject H1b. If you had used any time, then this condition does not exist and can use remainder option. It does not make sense to me.

From what I understand, it might be possible to use the entire 6 years but I have read otherwise on the internet from some attorneys.